Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Acquisition of land of Wakf Board - Restriction on powers to grant lease of Wakf property - Admittedly, there was no sanction of the Board - Thus, arrangement entered into in 1968-1969 exceeding three years will not confer any right, title or interest upon lessee - Even, if sanction is granted by Board it will not..........
Constitution of India, 1950, Article 142, Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Apportionment of compensation - Acquisition of land of Wakf Board - In the instant case, possession has already been taken by acquiring body and compensation is already disbursed to lessees - It is also stated that they are poor persons and they were holding said land as..........
Adverse possession -- Wakf property - Period of 30 years is prescribed for adverse possession against any Wakf property as per Wakf (Amendment) Act, 1984 - In the instant case Wakf Board filed a suit in the year 1971 against father of defendant - Therefore till the year 1971 the question of perfecting title by "adverse possession" does not arise - Present suit filed in the..........
Wakf (Amendment) Act, 1984, Section 66G -- Adverse possession - Wakf property - Period of 30 years is prescribed for adverse possession against any Wakf property...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83 -- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 51, 53 -- Jurisdiction of civil Court - Matters falling u/ss 51, 53 of Wakf Act are required to be decided by Tribunal and hence jurisdiction of Civil Court to decide such matters is barred by virtue of S.83 of Wakf Act...........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
Wakf Act, 1995, Section 40 -- Wakf property - Declaration of ownership - Neither there are pleadings nor there is iota of proof on record to the effect that suit property was ever declared as Wakf property or it was notified as such - Even, it is also not known whether plaintiff/Board had followed mandate of provisions of Wakf Act and followed mechanism contained in the..........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Ejectment of lessee from wakf property - Civil Courts had jurisdiction to entertain suit filed by Board...........
Wakf Property -- Appellant is claiming himself to be lessee under Board - After the file of suit appellant stated depositing lease money in Civil Court - Thus, unilateral act of appellant to deposit amount in Civil Court will not extend lease - There is nothing on record to show that appellant ever intimated Board regarding deposit of lease amount and Board had agreed to..........
